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HomeMy WebLinkAbout047-10 Komiske, Bruce K. et alPrint Form o ~. --i O ~ G :~ - r ,-r~ `"y N _. f _ _.,~ % ~ ~ TOWN OF NANTUCKET a BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. p y 7' I p Owner's name(s): BRUCE K. KOMISIfE ET AL Mailing address: 88 KING STREET #1009, SAN FRANCISCO, CA 94107 Phone Number:415-476-4851 E-Mail: {SEE BELOW) Applicant's name(s): EMAiL: BKOMISKE®CHTLDRENSMEMORIAL.ORG Mailing Address: AGENT: MATT MACEACHERN Phone Number: 508-325-4995 E-Mail:~~~~ ema~i ~iis d eve~- om~~~rn Locus Address: 15 VESTAL .STREET Assessor's Map/Parce1:42.3.3/42.3 Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 13 , Page 14 Deed Reference/Certificate of Title: 814/230 Zoning D1strlctROH Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings " Z Duplex Apartments Date of Structure(s): all pre-date 7/72 x or unit 1 of condo Plan 03-17 Building Permit Numbers: Previous Zoning Board Application Numbers: 016-92; 059-00 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: (SEE ATTACHED ADDENDUM) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE:.. Owner* SIGNATURE: pplicant/Attorney/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ / /_ By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:J_/_ Building Dept.:_/_/_ By:_ Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:_/ /_ Hearing notice posted with Town Clerk:_/_/ Mailed: / / I&M /_/ &_/_/_ Hearing(s) held on_/_/ Opened on :_/ / Continued to: / / Withdrawn: /~/ Decision Due By:_/ / Made/ / Filed w/Town Clerk: /_/_ Mailed:_/ / 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile NOTICE: Applicants are seeking relief by Special Permit under Nantucket Zoning By-law Section 139-33A to alter and expand asingle-family dwelling ("Unit 1"). Applicants propose to construct a new full foundation under the structure, with the portion of the foundation that is situated within the required westerly five-foot side yard setback area, and sited as close as about 1.17 feet, being reduced to a "crawl space". The existing about 16-foot ridge height would be raised by less than one-foot as a result. In addition, expansion is proposed that would increase the massing over existing portions of the structure without increasing the footprint or the overall height of the structure above about 17 feet. There would be no increase in the westerly side yard setback intrusion, as other than the increase in height due to the new foundation, all other changes to the roof structure would be done outside of all required setback areas. The Lot also contains a conforming separate single-family dwelling to the rear ("Unit 2B") and a separate "studio" ("Unit 2A") that is nonconforming as to side yard setback, being sited as close as about 0.60 feet from the easterly side yard lot line. The locus is conforming in all other respects. The westerly side yard setback nonconformity would be made less nonconforming as Applicants propose to remove a deck that is sited as close as about zero feet from the westerly lot line. The Locus is situated at 15 Vestal Street (Unit 1), Assessor's Map 42.3.3, Parce142.3; as shown in Plan Book 13, Page 14, Deed Ref. 814/230. The property is zoned Residential- Old-Historic. ADDENDUM Applicants are seeking relief by Special Permit under Nantucket Zoning By-law Section 139-33A to alter and expand asingle-family dwelling ("Unit 1"). Applicants propose to construct a new full foundation under the structure, with the portion of the foundation that is situated within the required westerly five-foot side yard setback area, and sited as close as about 1.17 feet, being reduced to a "crawl space". The existing about 16-foot ridge height would be raised by less than one-foot as a result. In addition, expansion is proposed that would increase the massing over existing portions of the structure without increasing the footprint or the overall height of the structure above about 17 feet. Work is being done to increase the low head heights of the living space and not to add second floor living space. There would be no increase in the westerly side yard setback intrusion, as other than the increase in height due to the new foundation, all other changes to the roof structure would be done outside of all required setback areas and thus would not need relief by special permit to complete. The Lot also contains a conforming separate single-family dwelling to the rear ("Unit 2B") and a separate "studio" ("Unit 2A") that is nonconforming as to side yard setback, being sited as close as about 0.60 feet from the easterly side yard lot line. The locus is conforming in all other respects. The westerly side yard setback nonconformity would be made less nonconforming as Applicants propose to remove a deck that is sited as close as about zero feet from the westerly lot line. A new at grade stone patio would replace the deck. The structure is sitting in the dirt and needs a new foundation to stabilize it and bring it up to building code requirements for exposed foundation height. The Locus is situated at 15 Vestal Street (Unit 1), Assessor's Map 42.3.3, Parce142.3; as shown in Plan Book 13, Page 14, Deed Ref. 814/230. The property is zoned Residential- Old-Historic. EXHIBIT A Included in the packet is the "Revision of the 15 Vestal Street Condominium Site Plan", updated by professional land surveyor Paul J. Santos, dated July 15, 2010, showing the proposed changes to Unit 1 and existing conditions. EXHIBIT B Included in the packet are the proposed Historic District Commission ("HDC") plans that have been submitted to the HDC and are in the hearing process at the time of this Application. Applicants are adding a conforming exterior access stair to the basement on the easterly side that is show on Exhibit A but not shown on the original HDC submission contained herein. An approved set of plans will be presented at the ZBA hearing. EXHIBIT C Included in the packet is a copy of ZBA Decision 059-00 in which Special Permit relief was granted to a predecessor in title. The relief specifically related to Unit 2A and Unit 2B and not to Unit 1, the subject of this Application. Applicant has an interest in all three units. Contrary to the statements in this Decision, structures may now be altered and expanded without impacting the parking requirements due to a more recent change in the Zoning By-law. As the work proposed does not change the conforming residential use nor expand the use beyond asingle-family dwelling, no further parking relief is required. In addition, stacked parking is allowed by right under the By-law currently. EXHIBIT D Included in the packet is a copy of ZBA Decision 016-92 in which Special Permit relief was granted to expand the existing studio (Unit 2A). The Decision validated Unit 2A as a studio and validated its siting within the required easterly five-foot side yard setback area. EXHIBIT E Included in the packet is a copy of the "Building/Structure Inventory Form" from the HDC files pertaining to this structure. It clearly indicates that Unit 1 dates to circa 1834. Minor alterations have taken place over time by previous owners. The structure pre-dates the enactment of the 1972 Zoning By-law and is thus grandfathered as to the setback nonconformity. EXHIBIT F Included in the packet are copies of photographs of the structure today. FINDINGS: A grant of Special Permit relief could be made with a finding that the minor increase in height of less than one-foot with a ridge height increase from about 16 feet to no more than 17 feet due to the construction of a new foundation would not be substantially more detrimental to the neighborhood than the existing nonconformity. In addition, there would be a reduction of the westerly side yard setback intrusion with the removal of a substantial deck that is sited as close as about zero feet from that lot line. Relief could be conditioned on: Substantial compliance with attached Exhibit A; There would be no further expansion of the structure within the required westerly five-foot side yard setback area without further relief from this Board; and The height of that portion of the structure sited within the required westerly side yard setback area shall not exceed 17 feet. Town of Nantucket Web GIS -Printable Map Page 1 of 1 Town of Nantucket Web GIS -~ - ~ ~ ;~ ~ `~-`--~K-- ~ ~~ ~ , i ---- -__ ~ ~~~~~~~ ~ i i ~ r' i ~' '~ ~M ~ ~S, ` ~; l •' ., ~ (~ ~~1 1; ~, r ©I ~~ 1 `f i ~ r~ ~, r ~.. F _-- ~. --- rAr ~ _ -- ~. ,~ - ,,~ y ~ ~~, `Q ~ F~ ~ ''. 0 ~~+~ t~ _ i - - --' f~ - ~1 Prop ID 42.3.3 42.3 Address 15 VESTAL ST Owner KOMISKE BRUCE K ETAL 88 KING ST #1009 NOT A LEGAL DOCUMENT SAN FRANCISCO, CA 94107 For general reference only: Important Sale Date 04/10/2003 caveats which must be considered when Sale Price $630 000 using this data are available from the , Nantucket GIS Coordinator. BOOk/Page 00814/0230 Disclaimer The information displayed on this or LOt Size 0 acres any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for Town of Nantucket, Massachusetts determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed Geographic Information System (GIS) database. 7/IZ/Z~1~ Copyright 2005 Town of Nantucket, MA. AN rights reserved. Devebped by AppGso http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=110... 7/ 12/2010 Town of Nantucket Web GIS -Printable Map Prop ID 42.3.3 42.3 Address 15 VESTAL ST Owner KOMISKE BRUCE K ETAL 88 KING ST #1009 SAN FRANCISCO, CA 94107 Sale Date 04/10/2003 Sale Price $630,000 Book/Page 00814/0230 Lot Size 0 acres NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The informaton displayed on this or any other map produced by The Town of NaMUCket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the witability for individual needs. All information is from the Town of Nantucket Geographic Information System (GIS) database. Page 1 of 1 .~ -~ ,. ~1 ~ ~ ~~ , s.. F, _ G; a. r -~,,: '` Town of Nantucket, Massachusetts Map Composed 7/12/2010 Copyright 2005 Town of Nantucket, MA. AN rights reserved. Developed by AppGeo http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=110... 7/ 12/2010 Town of Nantucket Web GIS Page 1 of 1 MacEachern, Matthew From: MacEachem, Matthew Sent: Wednesday, July 14, 2010 3:06 PM To: MacEachern, Matthew Subject: Authorization Matt, Matt MacEachern, We are authorizing you to act on our behalf before the Zoning Board of Appeals for all matters relating to the renovation of 15 A Vestal Street, Bruce, Teri and Ken Komiske - July 14, 2010 Emeritus Development Ltd. 8 Williams Lane Nantucket, MA 02554 P: 508.325.4995 F:508.325.6980 mxww.emeritusdevelaomentcom The information contained in this e-mail may be confidential and is intended sdely for the use of the named addressee. Access, copying or re-use of the a-rrk~l ar arry information contained therein by arty other person is not authorized. ff you are not the intended redpient, please notify us immediately by retumirmg the a-rtmae7 fn the originator. ®Copyright 2010 (Emeritus Development Ltd.) 7/14/2010 ~ ~o -oo Town of Nantucket Zoning Board of Appeals ~~:~~~~ ~OAFI; CiF ~~~°~FIS JUL 1 5 2010 Ti, ~JF! Q~ PlA1~!T`Jt;i~T, !e~ LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER........0.~~G.~~~?~../..{ ................................. MAILING ADDRESS ...................................................................... PROPERTY LOCATION.....~5.~... ~~.~ y.. lS!~.... ~ ~~ ~ ..~~ ASSESSOR MAP/PARCEL........'~~3 ~. r..... /~~~.., /~.. yo~: °?/ 7iZ SUBMITTED BY ........................................................................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2). is- ~o~d D J . ~~~.~ ASSESSOR'S OFFICE TOWN OF NANTUCKET W w m w w W m w m w W w w u w w w w w W .°. " " " " " " " " " " " .- " " " " " " " " " .. " " a No m ~ o .~ m m m a w ro .~ o ~o m ~ e m ~ m In w o ~o .~ m y rNO " o n m ~ m ~ u. 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M p H Z ~ ~ ~~ S~ p o ~ ~ H z ~r n n ~~~ N ~ n ^ w ~ n g: ~ ~ o " y O= SOg~ H O O O 51 ~ O O yQZ 5 py~ l~+ C o ~ ~ ~ m 2 N ~ ~ yy~ry y~ pAHy ryg ~ S N o W~ n YPE y ~y „ ~ Z K N~ Q~Q~s w ,H'~OG yy4 ~ 9 ~ ~[waa ~j H C !I r ~ K N ~' ~i H H A W~ r< Y "~ ~ ~ Z ~ ~ ~ ~ H ~ ~ ~ ~ 9 ~ FFGZ117 a P~1 p H H y N'~' N3 Hy ~N H y W H q q m N HH~ WNi W O o r N g O a O, N~ ~' y n n m ~0 m ~+ g q m W- a i r W W O u n m J O H W o m j~ O u to t"ii 0 " " N O W ~m"~~~y~s ~~~~~~~~~~~~~~~~~~~~W~~~~Sz~~z~p~s~~o"~~ ~y o ~ ~ y~ y yyy ° p x y6 ~ a ~ ~ ~ ~ ~ ~ ~ pyO N • C p p~ O [+ Y S y~ m M~ Z j m HHZ ~+ p T H p@~~~~~ 0 r Sy3 ~^ O y~ C M y W 9 u n~ q~ ~y+ N n H~ ,~ ~+ u~_~ H p•~ [+ ~~ x n b O N ~' ~ M H D N H C H Y A O yd ''•~7 0 ^~CY << y NNN ~~44 pz y C Yb C y O O H ~ N E0 t ~ H tl N 2 ^y N H HC H N Z AZC H K ~ y N~ E N H y ~ ~~88GG o R Y ~~~~~~GGGGGG N q " H 7~ y Z C Zy~ Y H $~yy q n n b 2 Z Zy :a Z{"SM~' W Z Z y Z Z i ~y q+ O Z r H HP Z 16nya nCp » l+l ~ 8 S Oy ~y y ~f~~¢ ~ ~ ~ M „ P ~ ~p p ~n b Hyr. 5 O ~ ~ yp f1I ~I ~I ~nI ~I (~]I z {8ma O ~~{ '< 2 00 M ~ ~~ S k 71 71 H t9 Y~~ 5 ~~ ~~-] ~~-1 ~~ 3 2 H~ '3 H O M H N y y M Z n y t? y H ~ pp p z n 33 gg 33 gg y z gg gg gg gg gggzy 33 3g gg 33 gg gg gg gg gg gg gg H 4 Y 4 Y H 7 7 n H H rt ~ g q~ q y q H O~ b Y 4 Y Y~ [' A Y Y Y 2 Y Y Y~ Y Y Y A r Y H Y H '+ m O o a a" a m Y m m P a N e "" o e N n P n m m m J P s a" m P a n~ s~ 4 n m o a o " " N " " " r N N N N r+ " i+ '+ " r N W v N 1+ N O. `+ ~gg+ " 1gg+ " W " " " " " a o r W o b Oq <N< <J< W N d w < < ~ in " N u N w33 g N ACM g O H b i0 ~ O Y Y~ Y Y" O~ ty Cy9 AyR O [ mCa A~~ C }y C~ M w el 3~ m g~ g q < M N p ~ H+ [^ ~ h„ M N Y M y p s py C M 4y%1 Y2 Z 2 2 2 R p Z'0 la ~ N~ H H~ N~ H H YYZ H r YY ~ „ llaa Hy Hyy M 7C R ~ 9i I9 llI+tl ~ lya H yR yy yy yy yy y Z Z~ [' r [~ H H H H H H H H H~ Z Z H !~ SI ~~ H H H H H p py H pyy k^ rq Pyy r r [~ A H H H N H H H~ H~ O O~ O H H O b H H H H ~ H H y H ro ~ w 3gzy ~ O ~ ~ ~ p ~ ~ ~ e g$y ~ ~ w o mrmr ~ 6 ~ m yy~ p O P~ P n w W A ~~„ nnn W n KPPPPP H p~ 4 ~ Z w O xxn 4 HM ~PP ~ ~Z! C H ~ ~! n OO ~ H p ~ P ~ tbN1 w ITe$y M K yyy A N p m .pi n y 9 g Y H p y H O ~ b p A O y~y H ~A Z ~ Z nO j b r G O O m O N Y o U 0 W p N O m ~5~~~~~~~~gw~~~~ "esN~[~~~~md~°aa~ n N~ ~ H p~ Og~ y O ~ y H .~ N Z Y CAC+ pp O H O C9 Z H .~ O T 4 ~ A Y Y 7~ 4 H~ H Y 4 H 4 Y Y Y D M O y y •' y t~ ~ m C< f] n3 s a g m y y y c9 p N N~~ Y M m T [~ ['~ b b t~ ~ b p Z Z Z Z s N I' [' P H [~ u Z~ Z H H y y N y H H H H H EXHIBIT A 15 VESTAL STREET CONDOMINIUM TOTAL LOT AREA=6,7511 S,F. PLAN NO. 03-17 VICTOR NiF / $ 'IANET F. GUAGL ~\ 4 mom` glC3~ TEINMA ~R NANT U ~ CKET HIST ~ OR CA 3 ASSpC 823,3- ATIDN q NSfi•, 5,02 W 4 LO•,CUS• yAP ' u 14 ~ ,~ 6' HIGH p, pGD F ~ //~ v , ENCE i // /~ 2 STDRy ~ ~/ - PROPANE TAN r j R KS ,/. F f/ AH~ . ! /~/ DW j ~ ~ £Cl / _ ING 1STpR y ~ ZCNING~ROH MSNIMUM LC' SIZE' 5,000 SF. / FRRMD ~' s..5. FPGn? 1 ARDF SGTEACK~ NO'JC DWECLIIYG / u tN=79 / T c ~7 G 0 S.F~ j~ '// E 01, y,. ALLCWAPLE G.40UND COVER RA iLk 0 EXISTING GROUND CUVER RATIO 31.9%t ~ s oq, ~ / ~~~ °i - ~ ~~~. 'CHIMNEY o PRCPpSED GROUND COVER P,ATIC'39.aXt ~ y n ~ ~ N ~ l Wj J WfI DW ~ I DErK T L o AJ v ~ 2 q Q ~ ~ a ~ FENCC ~ l~ ~ ~W N/F ~+ W SHARCN LAPPIN 1~ 41-39 r~~lv ? a {{,,~~ J 2 QW~ P.:UPANE J TANKS DECK ANO STFPI Is ~.. UNIT / 1 STORY WOOD EXCLUSIVE :/ FRAME STUDIO / USE AREA Ati(~ AP.EA 4,446- c,F.'` // .. !,' UNIT 2 A /.GC. 508 ~F. ~ ~- ~ ~ 3 W DECK /" o° E_LELTRIC j' #SSB ~ ih c ~ 3A.. .%~ - #19 / PROPOSED 1 1/2 STORY WOOD FRAMC DWELLING ~1•°'~" ~~ k15AgN~~ , 1 STORY WOCD ems-, ~ FRAME DWELLING j UNIT 1 EXISTING G.C. 1,29E S.F. ~j~ A/ cki PRUPUSED G.C=1,214 S.F. -~ UNIT i ~ EXCLUSIVE / Ua"E~AP.EA ~•' 'AREA "3053 S.F. 1 (/ Tn 43.11' °oi I ~~- N69.47'36'W STON 54.71' `~ STEPS R01 o WMDOM VESTAL STREET NOTE OFFSETS AT 90' T^ PROPERTY LINE FROM CORNER BOARDS 4' UP. LEGEND ~ DRILL HOLE IN CONCRETE BOUND FOUND Q IRON PIPE FOUND I, JOHN J, SHUGRUE, REGISTERED LAND SURVEYOR, HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCRATELY DEPLICTS THE LAY-OUT, LOCATION, UNIT NUMBER AND DIMENSIONS OF UNIT NUMBERS i, 2A 6 2B OF THE 15 VESTAL STREET CC]NDOMINUM,AS BUILT. rt ~ STEP ,v W f N N 'L - U« m av ~ - ti ~~ ~~ a°ae ~Po~P z~ ~ y°7N x_~ -~ ~ TO THE HEST DF MY KNOWLEDGE a y AND BELIEF THIS PLOT PLAN IS > HEREDNN PLAN UPDA ED gYS NOTED NANTUCKET SURVEYp2S, LLC, FILE NS9901, 7/13/°010. PLAN UPDATED FOR 2 G 80ARD APPEALS FILING. ~.)b:: - ~~ \t' Pa14 1. T, 1 i to-~ ~ ~ ~ PAUL J. SAN OS, PLS ~ ~ ~~- , 1 W 1i R hereb^ [er41Fo thgt the property 1Wa W zhon altr d re tM Ura a„ iurg Y abLrig gererfht,a, aM <hr IMa otM ° u 4 treets ens a a ahgzn qro those e puy4le gntl ~ to ab•eels on wYa Iregtly K gblkhe@, qM thgt nee N ~ ~ Avlabn q{' akpn0 sHp a i f g • n o +• j n'c . x o r a ~ r e .qyz w s°w.n . . q M Mte. W ~ ~~ ~, 13 Pro=essionat Lang Surveyor ZBA PERMIT PLOT PLAN REGISTERED LAND SURVEYOR ASSESSORS MAP 4c.3,C PARCEL N0. ~2 JULY 15, 2010 REVISION OF THE 15 VESTAL STREET CONDOMINIUM SITE PLAN SCALE 1' = 10' DECEMBER. 20, 2002 JOHN J, SHUGRUE, INC. 57 OLD SCIUTH ROAD NANTUCKET, MA. 02554 o q 1 SCaI@ In f!@Z #3765D5 EXHIBIT B H.D.C. Submission Only - Not for Consfrucfion 06.18.10 '" ~ z ~ ~ ~ o (---8 0 0 ~ ~ ~ Ut i° ~ ~oo ~~ ~_ ~ 0 t - - a u ~ ~ _ ~® ® ~ v ~ z c m o C7 CD ~ . f... .;.~ ` ~ y _ ~ ~ - ® ~ y .--F _ ® Q ( o ~ ~ a N ^~ Itt ~ ~ ~- ~~~ ® o ~ n ~ ~ SIB. . N \ e ~ ~~ m ~Y / \~~ ~~ ~~~ 1 y ~ ~ / / ~ _~ ,, '~, ~ ~ ~ry -_- \ ~ \ \ \\ %~ / .\ \ / 4 ~j f g \ /~ ~~ \ \ \ ~ ~~ / .\ ~= ~ ~ ~ 0 ~ ~ ~ 1 r H.D.C. Submission Only - Not for Consfrucfion 06.18.10 ;~ a ep n ' m m 3 m - - v f~ L3 N ~ ~ '~ o vo a ~ ~~ ~ o 0 m I~ i I~ W m ~ ,~ e T 0 ~ ~ ® 6 ~ m i~ ~ ;~ I~ sr ^ O b ¢ } dd }~i ~E s ` ~ N ~ ~ ~ jj ~ts~~ :::g~j ~~:Zp ~ g biz y ~iCI ~'P A ~`~ 3 ~ O ~a ~ ~ r EXHIBIT C ---ti o~e:,wrucM~~ 100KV~JIIJPiG[~l~J TOWN .OF NANTUCKET c~~'? ~ BOARD OF APPEALS °"roatea ~e NANTUCKET. MASSACHUSETTS 02554 Date: Augnnt ~ ~ ~ 7.0 0 0 Tos Parties in Interest and. Others concerned with the Decision 'of the HOARD OF APPEALS in the Application o! the following: Application No.: 059-00 Owner/Applicant: ROY F. BAILEY AND NANCY V. HARK Enclosed is the Deciaion of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Tovn Clerk. An Jlppeal from this Decision may be taken pursuant toy Section 17 of Chapter 40A, Massachusetts General Laxs.~ Any action appealing the Decision must be brought by Tiling an complaint in court within TWENTY (20) days aftet this days date. Notice of the action with a copy of the complaint and certitied copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. -~ Michael J. ra, Chairman ccs Toxn Clerk Planning Hoard euiiding Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW 4139-30I (SPECIAL PERMITS): 4139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET 20NING BOARD OP APPEALS. w..~. ~vw •~. ~a .w.r.~w.Vr ~ uV,uw• ~ ./. ~uw• r,. r.w,f V~ B~Ot~~ ~ . 20NING BOARD OF APPEAL8 South Basch Street Nantucket. FAA 02554 AeNNOr's Mep 42.3.3 158 Vsstbt Strost Petrel 42.2 used Ref:'J691318 ROH Plan Fits 43-D, tJrttt 2 At a Pt~Iic fbsrMg or rho ZONING e0AR0 OF APPEAI.s herd ad 1:0o P.M., Friday, August 1 i, 2000, M ltte Conference Room el the Town Building Mnex, 37 Washington Street, Nantucket, Massacfwsstts, on Urs Application ~ ROY F. BAILEY and NANCY V. BAtRR, 15 Vestal Stroet, Nantucket, MA 02554, 9oard of Appeals Fib No. 059-00, tfxs Board made the following DecistOn: 1. Applicants are seeking relief by SPECWL PERMIT under Nantucket Zoning By Law Section 139-33A (alteration of apre-existing nonooMorming swcturo/use). Applicants propose to error and expand one (1) Of two (2) dwelling unite Oft the property. The 524 square-foot conforming dweNing (Unit 2), located to the rear of the property, and the 592 square-foot studio, natcortfortninp as to sideline setback end located in the middle portion of the Lot, are wrrently eonnodod by an unwvorad wooden deck Applicants propose to add a second Boor to this dwelling and add p two -story addition which would increase the ground cover by about 252 square feet (total ground cover Of renovoted dwelling would be about 776 square feet). All the work wotild be done ouls'~de alt of the applicable setback requirements and rho total omount of ground cover on the Lot would bo under the maximum alkmved of about 3,390 square feet. To the extent necessary. Applicants are also seeking rolie! by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-188 (2) and (3) to waive One (1) of the two (2) roquirod parkingspacos: Thero ace wrrently two (2)'atacked' parking apeces on the lot that will have existed in that configuration for many years and will continue to do so. Relief was onginaNy granted in 60A File No. 004.00, which eUowod construction Of an addition that would have connecteA the studio and the sutned dvrelling unit. Sea also BOA File No. 01&92. The Premises is located et 15B VESTAL STREET, Assessors FAap 42.3.3, Percet 42. Plan File 43-0, Unit 2. The propeAy is zoned Residential-Old-Historic. 2. The Decision ie based upon the Application and materia{s eubmlttod therewith, and the testimony and evidence introduced at the hearing. Thera was no recommendation from the Planning t3oerd ss thv Board dolormined that the mattor was not a planning concern. ' 8301f W (Q/slit rW 3. Applicants, through their attorney, presented plans for the renovations/adddion which have been approved by the Historic Districts Commission (Certificate No. 38177). He explained that there was to be no intensification of use, the purpose o/ ttxe addition is to give Applicants more living space. He explained that Applicants Intond to constnict an approximately 252 square font addition to the wocter(y side of the existing single-family dwelling located to the rear of the focus, making the total ground cover of their dwelling unit approximately 778 square feet. They intend to add a second floor over this expanded first floor dwelling; both additions complying with atl applicable ground cover and set-back requirements. The Attorney explained that these renovations and addition were less substantial than those previously approved by the Board in Case No. 004.00, The Attorney explained that inasmuch as this property had been condominiumized, it was necessary to obtain the consent of the owners of Unit 1 (Benneris) prior to undertaking the renovation and that consent has b6en obtained. As to the parking issue, since thorn is no intensification or change in the nature of the use, the two {2) 'stacked" parking spaces which currently exist will continue !o provide adequate parking for the Premises. This parking c:onfiguratron was also approved In Board of Appeals Case No. 00400. 4• Therefore, the Board Ends that the proposed expansion will brt in harmony with the general purpose and intent of the Zoning 13y-law, will not increase the non- conforming nature of the structure as flu: additions will moot the set-backs, and the additions will not by substantially more detrimental than the pre-existing non- contormdies to the neighborhood. As to the parking relirf rearrested, the ooard finds that with the additional ground Cover, parking must be calculated as if newly constructod. The Board further finds that tho pre-existing location of the buildings on tho lot make rt fmpossibte to provide additional parking spaces, and the existing two (2) 'stacked' parking spaces adequately sere the premises as they have been doing for over thirty (30} years; and reties would be in harmony with the general purpose and intent o/the By-law and not contrary to sound traffic end safety considerations. 5. Accoroingty, by UNANIMOUS vote, the BOARD GRANTS THE SPECIAL PERMIT under Zoning By-law Section 139-33A, to construct the project as proposed and under Zoning By-law Section 139-188 (2) and (3) waiving one (1) required parking stsace, upon the following conditions: The project is to be completed in substantial conformance with approved Historic Districts Commission Certificate of Appropriateness {File No. 36177, as may ba amendod; and Tho two (2)'atadtod' parking spaoos will remain as precentfy oonfgurod. The addition shall bo built in substantial oomptian~ with site plan drswn by Chip Webster 6 Associates dated May 30, 2000, marked •s t.xhir7it A' and attached hereto. WI aa• aVW a4..rV J/.VaaVVrVJ MMr// • VLIMRI~ ~ VLaV~ia\ Fir rM1iL Vi d, m" RECEIVED i TOWN CIERK'S OFFICE ~ NANTUCKET. MA 02554 au~ s s Zooo TIMt:_ ... . CLEAK: ; 2S ' ~ :~ .. . t+~Y t a-r m a ~YS t uve ~s a Fs>: o ~ - ZitEDEL1SlONYlAS FrlEDINT!lLOFFKLOFYi~ ,: ~ lUMI CL~tK AND THAT!!0 AP:'E1L IiJ:S DliQt FIt11~PlIxSVANI'TJv::~".'JiALU1iL5C1r1,5LC1'JNII .; TOWNQ~RS V1Rltimn Heudhan_ Jr_ Edward Toole 0. N ' aren i v• 'kn • F Sc1a. n :.~ a ~coxUb"lOr~cl~ w • • .y IrO' 'O~~ ~_ Np~n 0 1 ~. ~m Q ~Q ._.-__ _..-- tl~ f~(' It~lf~~~ (° ~~ j i } l i ;~~~ 1 ~? ~~ii ~ ~ i. t ~~ f 1t ' t ~~ ~ ~' .'~ ~s~~'1 ~~~ 8 ~ C ~~ ~'}f~~ ii'V yr q' y ~ a~ 1 ~~'"j ~i'ii4:4YF ~ ~.i•;hsi~Y~~•C + . ~ ~ i ~ ---- ~ 1 ~ ~ -- ~ ~ r~ ® ~! ~ ~ ~ ~ • 1 .. 1 •~~ ~-• ~, ~~ ~_~ l ~~~ • ' ~~' ~...~ 1 fir r-..-~ ..~~~l~ ®~ ~ ~ ~ •~ / M~ . W ~+NOOw/ooae sa I~~~~ i ~ane 2 End of ~_.Ipurumeut _~_~ _ \ EXHIBIT D ... ~ , ,.. ^ ' wac~r~cc~ APPLICATION O! ROY Bt-ILEY c/o Richard J. Glidden Glidden i Glidden, P.C. 37 Centre Street ' Nantucket, 101 02554 ~j I! y ZONING BOARD OF APPEA7~ South Beach Street Nantucket, !IA 02554 Map 42.3.3 ~ 15 Vestal Street Parcels 42 Book 369, Page 31! ROH • At ' a Publio Hearing of the ZONING BOARD OP API?E11L8 held at is00 P.M., Friday, February 7, 1992, in the Town and County Building, Broad Btreet, Nantucket, Massachusetts,. on xhe • Application o! ROY HI-ILSY, of 38 Vostal •Street, Nantucket, IQ, Hoard o! Appeals Fila No. 016-92, the Board made the following decision. 1. Applicant is seeking a Special Permit under Ch.139-33A to allow Aim to construct a 272 square toot addition to an existing studio unit on the premises. The existing building is non- conlorminq as to sideline setback, therefore, this addition, although it will comply with the sideline setback requirements, requires a Special Permit. The premises is located at 15 Vestal Street, Assessor's mag 42.3.3, parcel 42, shown on plan recorded in Plan Book 13, Page 14. The property is zoned ROtt. • 2. The decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the hearing. 3. Applicant presented a mertgagae's plot plan pre~sare0 by Barrett ~ Iticholson, showing the exirting structures on the lot, two dwellings and the studio t~nitt showing the location o! the proposed addition, and showing that this proposed addition world comply with all zoning requirements including setbacks and total allowable ground cover. 4. Appliaant presented a sketch plan of the proposed addition, approved by the NDC showing exterior elevations and interior boos plan. 5. Applicant stated that this studio and addition would not b• used as a dwelling unit as there were already two appsvrsd Qwlilag units an the property. a~pppp .. • t001l~tA6ElJW ~ . I 6. Dy nttntit~otts vote (Niliiaas, Doolesyy, Nitohell, Naive and O~IUya in lavor) t!-t Board grants the r~lii! rsQusstsd by eppeeooiai Pardt ttndsr Ch.1E!-» (1-) and finds that this p~ps~ •addition to tM vat-oontorainq studio unit will not bs-deb laantaX to the Mighborbood and will not derogate lrom the ssppirit Mtid intent o! the Eoning Sy-iaw. The Board validates the ~sitinq o! the studio unit as it exists with the provisions that the proposed addition c:oteply with the five foot sidayard setback requireaent and that this studio and addition not bs uae a a ling unit. Date: ~ ~ L nda W 1 atAs Pater Doo ay / ,/_ '\ a ee .~ ~ ~. -~-'P2 ~ Gas.. ~ ~.,7 ~cas~-~,TmarswaEa~r~EOtrTeilt~~ * ~;•:.~`: WA6F~NINE OFFICEa THE 10MM ~NN• • u~~G MOMlfl~l~~FllfO. J~+~rj:!~' ~., ~.oN»a 33: a0 M . MAtt s~~~ ~ e~.t.. Attsst t eooK03~3-~~t0~ .. , ' ~~ *,~ TO~'YN OF NANTUCKET ~' :' BOARD OF APPEALS ~~°troaat a +twY NANTUCKET, T4ASSACHUSETTS 02554 Date: February ZO ]9 92 v d ?E I ER • !Sasaac usetts 6enetal Laxs, Chapter <OA, Section ]1 • The DOARD OF APPEALS of the TOKN Or I~A~'TUCKET, hereby certifies that • SPECIAL PERMIT has been GRANT_De To:(Owner/Applicant) Roy Halley (016-92) _~. Address 1S Vestal Strsst, Nantucket, NA 02554 (~ ' atlecting the rights o! the Oxnes/Applicant xlth respect to land or ~ 4 building ati 1S Vestal Street, Assessor's Map 42.3.3. Parcel 42 ae ehoxn in Pian Hook 13, Page 14 Deed Reference: 369, 318 r And the BOARD OF APPEALS further certilies that the attached ; Decision i~ a true and correct copy o! its Decision GRANTING the ~~X SPECIAL PERMIT and that copies o! the Decision and of ail plans relsrred to in the Decision have been filed with the Planning ~ Board and the Tovn Clerk. s Ths HOARD OP APPEALS calls to the attention o! the Oxner/ Applicant that General Laxs, Chapter 40A, Section 11 (last paragraph) providas.that no~WVRl~N'OH~~ SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thareol, shall take eflect until (a) a copy o! k the Decision !s certified by the Toxn Clerk that TWENTY (20) days have elaprad after the Decision has been filed in Lhe olfice o! the Toxn Clerk and no appeal has been filed (or,.sf such.appeal has been Tiled, that it has bean dismissed or .denied) and (b) the certified copy is recorded in the Registry of Deeds !or the County o! Nantucket and ,..~ Indexed in the grantor index under the name of the Oxner of Record or is recorded and noted on the Ovncr's Certificate of Title. The fee tos such recardinq or registering shall be paid by the O ner/Applicant. x: ,~ (~ P Chairman-(f/cam C rk- w~9 ~[ yp~ {{[[vey. M1 I • EXHIBIT E :. _ .. _- _. , _ ~, _.: .-~.. „~ t, }'Y ! , ~,. G ~. L ~: 7 ~ s ~~' ~°-'.x4. 4. .3Y.3 y;. ,; ~.. i +~ '.~ a ,: ''~~ i:.:, ` 4.~~. -"'~~~h ~re:, .y t ~~, ~ ~5~ ~ °. ~ ~. .; j .o:; .. h r~..' ~~~ ~•~ ~,~~ yy a~Y. i!!-S~ h' f t°~ ~~'~ '~~~ ~ 4~ f '~ ~~ ~ +'. , , # +~ ~ ~ ~ ~ ~ i* f ,~ ~~t° ~. ~z~!, ,~~, . ~ ~; ~. t ,xti ~',~ z s 1~IlUING1STRUCTURE INYENTO(~Y FORM N -NTUCKET ISLAND AI~CI-IITECTURAL SURVEY/ ,~ FILP~i ROLL t~: CR9-35 NU CULTURAL RESOURCES SURVEY ~ ~ 4233-,42 Pd~TUCi<ET FCISIUf11C DISfRIC7COMMISSI~~N ~ MAPIPARCEL#: N/1N~i~UCI;ET iv1ASSACI-IUSE~ Recorded by: AH Date: 09/14/89 Organization: AGS ~.~'a`~ IDEN'I'iFICATION 1. Street Name & No.: 15 VESTAL STREET' 2. Building Name: N/A 3. Ownership: Private 4. Present Owner: GILBERT, C JOHN & ELIZABETH M 5. Ownership History: Unknown 6. Use: Original: Dwelling Present: Dwelling Seasonal/Year-Rovnd: Unknown 7. Accessibil[ty to Public: Visible'' from Public Road? Yes Interior: N/A - Survey/Film Roll #: CR9-35 GENERAL 5ET9'ING AND ORIENTATION OF BUILDING I0. Lot S1ze:N/A t 11. Approximate Frontage Cft.): N/A 12. Sotback from Street <ft.): 10 feet or less ~; 13. Orientation to Street Address: Ridge Par,al•lel 14. Surroundings: Densely Built, Residential, Old Historic District 15. Related Outbuildings and Property: Garage,Fence, Parking,Garage,CR9-36, CRiI-10 16. Other Notable Features: N/A DESCRIPTION 17. Foundation: Rubblestone,Concrete i6. Structural System: Unknown 19. Exterior Wall Material, Front Facade: Shingles-Weathered 20. Exterior Wall Material, Side Elevations: Shingles-Weathered 21. Exterior Wall Material, Rear Elevation :. Shingles-Weathered 22. Number of Stories: 1 23. Roof Shape: Gable 24. Roofing Material: Composition Shingle 25. ~oof Features: N/A 26. Dormer Roof(s): N/A 27. Chimney Material: Brick-unpainted . 26. Chimney Position: Off Center 29. Number of Chimneys: 1 30. Chimney Features: Chimney Pots 31. Front/Primary Door Location: N/A 32. Front/Primary Door Frame Features: N/A 33. Number of Bays: N/A 34. Window Frame Type: Flush 35. Window Sash Type(s) - Front Facade: 12/12 3E. Porch: N/A 37. Signage: N/A 38. Details: Corner boards-plain 39. Condition: Good 40. integrity: N/A 41. Alterations: N/A .~ ~ __ ~ ~ ~.. 3 Survey/Film Roll #: CR9-35 N1FiCANCE ~ +:; Role the Bu.ild[ng Piays: National Register: Ind[vidually Significant Date of Initial Construction: By 1834 ource: 1834 Coffin Map Architect: Unknown Builder: Unknown Building Type: Gabled E11 Architectural Style: N/A Historical and Architectural Importance: 1858 Walling Map indicates that th[s was the home of jail keeper. Mr. Lappin, of 17 .Vestal Street,stated t this was the second jailer's house, #1? having been first. Sources: 1834 Coffin Map, 1858 Walling Map, I.MR.LAPPIN EXHIBIT F